Thread by @barandbench

{MARATHA RESERVATION JUDGMENT}

Five-judge constitution bench to shortly deliver judgement on petitions challenging the constitutional validity of a Maharashtra law that grants reservation to the Maratha community in education and jobs

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#Judgment will be delivered by a Constitution bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat.

Justices Bhushan, Rao, Gupta and Bhat would be giving separate judgments.

Pronouncement begins at 10.30 am today
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Justices Ashok Bhushan, S Abdul Nazeer, and Hemant Gupta greet each other through video conferencing

The five judges constitution bench assemble

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Justice Bhushan: In this case 4 judgments delivered. One is by me and on behalf of Justice Nazeer. Second is by Justice Rao, Justice Bhat and Justice Gupta

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SC: We do not find reason in revisiting indira Sawhney judgment, we follow and reiteration proposition followed in Sawhney. ratio laid down in sawhney is fully applicable in Article 15 of the Constitution
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SC: We have found that conclusion of Gaikwad commission is unsustainable. we hold that there is extraordinary circumstance to grant reservation to marathas over and above 50 percent

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SC: Exceeding the ceiling limit above 50 percent without exceptional circumstances violates Article 14. thus we hold 2018 act as amended in 2019 exceeds the limit without any exceptional circumstances.

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SC: We have upheld the 102nd constitutional amendment as it does not violate the basic structure of the constitution. Conclusion: civil appeal of 3123 of 2020 and others are allowed, impugned judgment of HC 2019 is set aside

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SC: The amendment which holds Marathas as socially and educationally backward is STRUCK DOWN.

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SC: Amendment grating reservation of 13 percent to Marathas to education and employment is held ultra vires to the constitution and is STRUCK DOWN

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SC: Those who have been admitted in PG Medical courses till 9.9.2020 is safe and will not be impacted

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Justice Bhushan: on the first three questions the judgment of the supreme court is unanimous

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SC: Petition challenging the constitutional validity of the 102nd amendment stands dismissed.

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Justice Rao: I am in agreement with the opinion of Justice Ravindra Bhat. I have given my own reasons to interpret Articel 342 (a). the classes held to be socially and educationally backward will be so as per 342A of the constitution

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Justice Gupta: i entirely agree with the reasoning with the judgment and reasoning given by Justice Bhat and Justice Rao on question 4, 5 and 6

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Justice Bhat: My conclusions: Indira Sawhney does not refer to be heard by a larger bench. state govt based on Justice Gaikwad commission has not made out exceptional circumstance for granting Maratha reservation

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Justice Bhat: By the introduction of Articles 366 and 342 A president alone is empowered to identify SEBC and notify in the list. States can through mechanism make suggestions for inclusion of SEBC in that list

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Justice Bhat: The list by the President under 342A is the only list of SEBC. In task identifying SEBC president shall be guided by a commission. such report of commission will be shared with state govt. however the final exercise of power is with president

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Justice Bhat: nature of reservation, quantum of reservation and powers therein for the states remain undisturbed.

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[BREAKING] Supreme Court strikes down Maratha Reservation law for exceeding 50 percent cap; upholds Indra Sawhney @DebayonRoy reports

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Read full story: bit.ly/2POyiu2

Justice Bhat: Till publication of notification under 342A is published, states published lists will continue to be in operation. this direction is given under Article 142 of the Constitution. 102nd amendment does not violate the basic structure of the constitution

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The five-judge Constitution bench finishes reading the judgment.

Bench rises

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